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Home My WebLink About1982-12-21; City Council; 6603-2; Tentative Map ExtensionCiTYQ" CARLSBAD — AGEND/QltL 66,0^-*^?AB#_ MTG.12/21/81 TJIL& TENTATIVE MAP EXTENSION CT 81-8/CP 151 (CARLSBAD REALTY INVESTMENTS) DEPT. HD , CITY ATTY\)f:g> CITY PJJGR. QUJ Ooc: g h-o d!o OO RECOMMENDED ACTION: Adopt Resolution No. 7Qf^approving a one-year extension of time for Tentative Map CT 81-8 and Condominium Permit CP 151. ITEM EXPLANATION: .. Carlsbad Tract 81-8 is a 10-unit subdivision located on the west side of Santa Isabel Street. . The applicant is .requesting that the tentative map be extended for a one-year period ending December 2, 1983. The tentative map was originally approved on June 2, 1981, per Resolution No. 6554. ' • . The applicant agreed to pay public facilities fees with the original application. Planning and Engineering staffs have reviewed this project and recommend one additional condition be' required. The new condition is a requirement for the developer to execute the revised Public Facilities Fee Agreement as per the latest City Council Policy No. 17. The subdivider has signed an agreement to waive a prohibition of new conditions. FISCAL IMPACT; ' — Additional public facilities required by this project will be offset by the payment of the public facilities fee by the developer. EXHIBITS: 1. Letter requesting extension dated September 16, 1982 2. Location Map 3. Resolution No. *7Q F'tT' approving a one-year extension of time for Tentative Map CT 81-8 and CP 151 w CARLSBAD REALTY INVESTMENTS LIMITED September 16, 1982 Received City Engineer NOV 29 1982 City of Carlsbad 1200 Elm Ave _,_. Carlsbad, CA 92008 CITY OF CARLSBAD ATTN: Mr. Clyde Wickham RE: Request to extend approval of CT-81-8/CP-151 Dear Mr. Wickham: Carlsbad Realty Investments Limited closed Escrow on June 11, 1982, on Lot 410, Unit #2, map 6905 filed April 21, 1971. The planning commission approved CT81-8/CP-151, April 22, 1981, the city council of the City of Carlsbad approved the sub-division, and condominium permit by resolution 6554, June 2, 1981. In as much as we are new owners of the property and the subject condo- minium sub-division, we hereby request that an EXTENSION FOR ONE YEAR of the referred tentative map be granted as provided by the sub- division map act, State of California. We are currently in the process of insuring that all the conditions of approval contained in planning commission resolution 1799 are satisfied, but do not feel that final sub-division maps and all necessary documents attendant there to can be provided prior to the present expiration scheduled for December 2, 1982. Attached is a corporate resolution author! zing the signature contained below. Respectfully yours, CARLSBAD REALTY INVESTMENTS LTD. A. Ghahremani Secretary EXHIBIT 1 cc: Honorable Mary Casler, Mayor Ron Beckman, Assistant City Manager Dan Hentschky Esq., Assistant City Attorney Don Agatep -^ EXHIBIT 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 81-8 SUBJECT TO • • - - ' - - ......... CERTAIN CONDITIONS. 4 5 WHEREAS, Section 66473.5 of the Subdivision Map Act 6 provides that a tentative subdivision map may not be approved unless it is consistent with all applicable general and specific8 plans ; and __ J-0 _ -16 _ „ 18 .. Q jj-. p.. nn 0.£6 28 RESOLUTION NO. 7088 WHEREAS, the City Council of the City of Carlsbad on the '2nd day of - ' June , 1982, adopted Resolution No. 6554 approving, with conditions, Tentative Map CT 81-8, CP 151, and WHEREAS, Tentative Map CT 81-8, is now inconsistent with the general plan of the City of Carlsbad because the City Council has found that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expire on December 2, 1982 and the applicant has requested an extension of time which cannot be approved unless the subdivision can be brought into conformity with the general plan; and WHEREAS, the addition of certain conditions of approval to the subdivision will allow it- to be found to be in conformity with the general plan and the developer has requested the imposition of such conditions and agreed to comply with them; and WHEREAS," the approval of an extension of Tentative Map CT 81-8 subject to such conditions, in lieu of denial of the map, will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer involved with •*• ' 18 denial and the new application which would then be approved subject to the same set of conditions; and WHEREAS, both the Developer and the City wish to extend the map subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Tentative Map CT 81-8, CP 151 are hereby extended for one year from December 2, 1982 to December 2, 1983, subject to the execution and fulfillment of all the conditions of Resolution No. 6554 and the following additional condition: 12 (1) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated February 24, 1982 and effective April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void . 25 '" 26 27 28 C. That the agreement for waiver of prohibition against the imposition of conditions upon the approval of an extension of a tentative subdivison map dated • November 29, 1982 between Carlsbad Realty Investments and the City of Carlsbad, marked ' Exhibit A and attached hereto, is approved and the Mayor is authorized to execute such agreement on behalf of the City. -2- 8 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 w D. That this extension is approved in reliance upon said agreement. Any legal challenge to or failure to perform said agreement or the conditions of this resolution shall render this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of CarIsbad, California, held on the * 21st day of December , 1982, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None f^L-^^ 11: MARY H. CASLER, Mayor ATTEST: SY. ALE;PHA L. RAJJTERKHANZ, £$£y clerk KAREN R. KUNDTZ, Deputy City Clerk (SEAL) - 3 - , EXHIBIT "A" . • -. NOV291382 AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS CITY OF CARLSBAD UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agreenent is made this ^ cij TH day of • 1 9 %2. between the City of Carlsbad, a municipal corporation, *L ^^ . " * (hereinafter called "City") and &fl£ L 5 £?/? T2 (Ipfpsraifcw __(hereinafter called "Subdivider"). , - . • . .'. RECITALS ; ; -..•'.. ! - • •: . .':'.-".'''. ••».." ' ' .' -. . •'•''.'. - ' 1." Government Code Section 66452.6(e) and Carlsbad Municipal ' • • ' * ;s • • •'... Code Sections 20.12.110 and 10.24.180 permit Subdividers to request and City to approve, conditionally approve or deny , extensions of time for the expiration of tentative maps or •-,, tentative parcel maps (hereinafter collectively called "Tentative. Subdivision Maps"). " . . ' 2- El Patio y. Permanent Rent Control Board, 110 Cal. App.3d 915, modified 111 'Cal. App 3d 788 (1980) indicates that the Government Code (Subdivision Map Act) may not authorize City . ' to impose new conditions; i.e., those which were not imposed on the tentative subdivision map, upon the : . «• extension of the time for expiration of a tentative subdivision map, but also held that the City does have discretion to approve or deny such extensions. 3. Government Code Section 66452. 6(d) and Carlsbad Municipal Code Sections 20.12.100(d) and 20.24.160 provide that expiration of a tentative subdivision map shall terminate all proceedings and that no final map or parcel map for any • property covered by the tentative subdivision map shall be - - filed without first processing a new tentative subdivision v map. . "4. — —- Subdivider has requested City to approve the extensioin of time for Tentative Subdivision Map No.^T"^/— o . . which was initially approved on 5. Since the approval of said Tentative Subdivision Map, City «• - j~, ..'- ----- -.".:-- ' ' has conducted studies which show that the. -construction of certain drainage facilities or thoroughfares are essential to protect and provide for the health, welfare, and "safety of all of the present and future residents of City, including those who will reside in said subdivision. • - 6. Since the approval of said Tentative Subdivision Map, City has adopted a major drainage fee or major thoroughfare fee or both to provide the funds to construct the necessary drainage facilities and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City I '. has conducted studies which show the need to establish a . « • public facilities fee in order to provide for public facilities to protect the public health, safety and welfare of the present and future residents of City and to ensure • •> '2« > -;!-:V. :•• • / ' ->• / W •.. . ;•'..- that .public facilities to serve the development will be available concurrent with need.as required by City's general plan. Developer agrees to pay said fees and has executed a contract which is on file with the City Clerk to •• • that effect. 8. Because the original approval of said Tentative Subdivision Map occurred prior to the adoption o'f the aforementioned ••/'.•• fees, City did not condition the approval of said Tentative Subdivision Map with the payment of said fees. 9. Since the initial approval of the Tentative Subdivision Map * ' • there may have been changed circumstances which require - ; additional conditions of approval on the extension of the * Tentative Subdivision Hap to protect the public health, safety, and welfare, to mitigate affects on the environment or to ensure consistency of the extended map with the City's general plan and Municipal Code. . 10. City arguably may not, without the voluntary consent of • Subdivider, impose upon the extension of said Tentative Subdivision Map conditions requiring payment of the fees mentioned above or conditions necessary to protect the public health, safety or welfare, or the environment or • . i ensure consistency with the general plan or Municipal Code. «• 11. Without such voluntary consent of Subdivider to the • • « imposition of conditions City may be required to deny Subdivider's request for extension to ensure.that the public health, safety and welfare or,the environment are 4* , •3, protected or that the general plan or Municipal Code requirements are satisfied. Approval of the extension of said Tentative Subdivision Map without assurances that the fees mentioned above would be paid for said subdivision 'would be contrary to the best interests of the City and would threaten the City's, ability to protect and provide •" for the public health, safety, and welfare. Subdivider f agrees that it is in the best interest of City and Subdivider that City be able to protect the public health, : : safety and welfare, or the environment or ensure consistency " ' i •- • • • . with the general plan or Municipal Code by the imposition '-'-.. of conditions on the extension of tentative subdivision • ' - v maps. , 12. Subdivider realizes that denial of the requested extension • could result in the expiration of the tentative subdivision lhap. Subdivider would then be required to incur * . - • substantial costs and time delays in processing a new tentative subdivision map approval of which would be subject to new conditions necessary to ensure consistency of the tentative subdivision map with the Subdivision Map Act, the California Environmental Quality Act, Titles 19, 20 and 21 of the Carlsbad Municipal Code, the City's ^ General Plan and to protect the public health, safety and welfare. 13. City has reviewed the Subdivider's request for an extension . of time for said tentative subdivision map and finds that granting the request subject to certain conditions will not 4. be contrary to the public health, safety, and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual convenants set forth herein, City and Subdivider agree as follows: .... . • • . 1. City agrees to extend Subdivider's Tentative Subdivision Map for one year subject to whatever new or revised conditions the City in its sole discretion deems appropriate. 2. -Subdivider knowingly and voluntarily waives any and all rights to the unconditioned extension of Tentative Subdivision Map No. 3. Subdivider knowingly and.voluntarily consents to the imposition - -'. ..of a condition of approval of the extension of Tentative Subdivision Map No. which requires payment of any fees which nay be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereof and to the following additional conditions: This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, issued 2/24/82 and effective 4/2/82, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by :. , the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent • . with the General Plan and the project cannot proceed and this approval shall be void. 4. The provisions of Carlsbad Municipal Code Sections 20.12.110 and 20.24.180, as appropriate, shall govern extension of the map which is the subject of this agreement. " 5. If this agreement is for an extension of a tentative subdivision . map for a minor subdivision, the appeal of the City Engineer's approval, or conditional approval, of the extension by any party shall void this agreement unless II :J the agreement is subsequently approved.by the City Council, Any action by Subdivider to challenge the legality of this .. agreement or any failure by Subdivider to pay the fees and comply with any other conditions applicable to the : extension shall void the approval of such extension. The map shall not final and the development shall not proceed * * . . until a new tentative subdivision map has bee'n approved. ATTEST CITY OP CARLSBAD, a municipal corporation ^x^ Secretary ot me ^^ executed the FOR NOTARY SEAL- OR STAMP FORM RR 6. "W CERTIFIED COPY OF RESOLUTIONS OF BOARD OF DIRECTORS OF CARLSBAD REALTY INVESTMENTS, LIMITED It is hereby certified by the Board of Directors that A. GHAHREMANI, and B. AMIRVAND, are the duly elected, qualified, and acting Secre- tary and President of CARLSBAD REALTY INVESTMENTS, LIMITED, * ta duly organized and existing corporation. IN WITNESS WHEREOF, we have hereunto set our hand this 16th day of September 1982. A. GHAHREMANI Secretary B. AMIRVAND President